S T A T E   O F   N E W   Y O R K
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                                  4544

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Tourism, Arts and Sports Development

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  participation  of  trustees  of the board of trustees of the Trust for
  Cultural Resources of the city of New York who concurrently  serve  as
  ex  officio  officers  or  board  members  of a participating cultural
  institution and the designation of a representative by the commission-
  er of cultural affairs of the city of New York to attend and  vote  at
  meetings of the board of trustees of the Trust for Cultural Resources

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 3 of section 21.05 of the  arts  and  cultural
affairs  law, as added by chapter 511 of the laws of 2003, is amended to
read as follows:
  3. The deputy mayor [of finance  and]  FOR  economic  development  AND
REBUILDING  of  the  city  of New York [and], the chairperson of the New
York city industrial development agency AND THE COMMISSIONER OF CULTURAL
AFFAIRS OF THE CITY OF NEW YORK each may designate a person from his  or
her staff or agency to represent him or her at all meetings of the board
of trustees OF THE TRUST FOR CULTURAL RESOURCES FOR THE CITY OF NEW YORK
from which such trustee may be absent. Any representatives so designated
shall  have  the power to attend and to vote at any meeting of the board
of trustees OF SAID TRUST from which the trustee so designating  him  or
her  is  absent, with the same force and effect as if the trustee desig-
nating such representative were present  and  voting.  Such  designation
shall  be by written notice signed by the trustee making the designation
and delivered to the chairman of the board of trustees OF THE TRUST  FOR
CULTURAL  RESOURCES  FOR  THE CITY OF NEW YORK.  The designation of each
such person shall continue until revoked at any time by  written  notice
signed  by the trustee making the designation or his OR HER successor in
office. Such designation shall not limit the power of the trustee making

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07071-01-9
              

A. 4544                             2

the designation to attend and vote in person at any meeting of the board
of trustees OF THE TRUST FOR CULTURAL RESOURCES  FOR  THE  CITY  OF  NEW
YORK.
  S 2.  Section 21.05 of the arts and cultural affairs law is amended by
adding a new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY PERSON SERVING AS
AN EX OFFICIO MEMBER OF THE BOARD OF TRUSTEES OF THE TRUST FOR  CULTURAL
RESOURCES  FOR  THE  CITY  OF  NEW YORK, MAY ALSO SERVE AS AN EX OFFICIO
MEMBER OF THE BOARD OF TRUSTEES, OR EQUIVALENT BODY, OF ANY  PARTICIPAT-
ING  CULTURAL  INSTITUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE TRUST FOR CULTURAL RESOURCES FOR THE CITY OF NEW YORK MAY ENTER INTO
A FINANCING AGREEMENT WITH A PARTICIPATING CULTURAL INSTITUTION IF  MORE
THAN  ONE  PERSON  SERVING  ON  THE BOARD OF TRUSTEES, OR THE EQUIVALENT
BODY, OF SUCH PARTICIPATING CULTURAL INSTITUTION SERVES CONCURRENTLY  ON
THE  BOARD  OF TRUSTEES OF THE TRUST FOR CULTURAL RESOURCES FOR THE CITY
OF NEW YORK, PROVIDED, HOWEVER, THAT NO MORE THAN ONE SUCH PERSON SERVES
OTHER THAN IN AN EX OFFICIO CAPACITY.  ANY  TRUSTEE  OF  THE  TRUST  FOR
CULTURAL  RESOURCES FOR THE CITY OF NEW YORK WHO IS CONCURRENTLY SERVING
ON THE BOARD  OF  TRUSTEES,  OR  EQUIVALENT  BODY,  OF  A  PARTICIPATING
CULTURAL  INSTITUTION SHALL REFRAIN FROM PARTICIPATING IN DISCUSSIONS OR
VOTING ON MATTERS PERTAINING TO SUCH PARTICIPATING CULTURAL INSTITUTION,
EXCEPT THAT ANY SUCH TRUSTEE OF THE TRUST FOR CULTURAL RESOURCES FOR THE
CITY OF NEW YORK WHO IS SERVING CONCURRENTLY AS AN EX OFFICIO MEMBER  OF
THE  BOARD  OF TRUSTEES OF SUCH TRUST AND AS AN EX OFFICIO MEMBER OF THE
BOARD OF  TRUSTEES,  OR  THE  EQUIVALENT  BODY,  OF  SUCH  PARTICIPATING
CULTURAL  INSTITUTION  MAY  PARTICIPATE  IN  DISCUSSIONS  AND  VOTING ON
MATTERS PERTAINING TO SUCH  PARTICIPATING  CULTURAL  INSTITUTIONS  WHILE
ATTENDING ANY REGULARLY SCHEDULED MEETING OR DULY CALLED SPECIAL MEETING
OF  THE  BOARD OF DIRECTORS FOR THE TRUST FOR CULTURAL RESOURCES FOR THE
CITY OF NEW YORK.
  S 3. This act shall take effect immediately.